NSW v T2 (by his tutor T1)

[2025] NSWCA 165

NSW Court of Appeal

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Interrogate

Catchwords

1. Negligence
2. › Duty of care
3. › Schools
4. › Nature and scope of school's duty of care
5. › Student injured outside school hours beyond school grounds
6. › Whether duty breached with respect to injury outside school hours and grounds dependent on particular facts
7. › Whether borderline between scope of duty and breach
8. › Civil Liability Act 2002 (NSW), ss 5B-5E
1. Negligence
2. › Breach of duty
3. › Schools
4. › Supervision of students after school hours
5. › Failure to have responsible adult available for reasonable period after school bell
6. › Whether burden of precaution limited
7. › Assessment of breach under statutory calculus
8. › Civil Liability Act 2002 (NSW), ss 5B, 5C
1. Negligence
2. › Causation
3. › Factual causation
4. › Whether assault would not have occurred but for breach
5. › Whether presence of responsible adult would have deterred assault
6. › Whether failure to conduct risk assessment causally connected to assault
7. › Civil Liability Act 2002 (NSW), ss 5D, 5E

Quick Take

A school may breach its duty of care by failing to have at least one responsible adult available to assist students for a reasonable period after the school bell rings, even where the resulting harm occurs outside school grounds, and the burden of such a precaution is very limited for a large school.